SB 4: Education; fundamental roles of local boards of education and local school superintendents; revise provisions

Senate Bill 4

By: Senators Dolezal of the 27th, Beach of the 21st, Robertson of the 29th, Walker III of the 20th, Watson of the 1st and others

AS PASSED SENATE

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to the fundamental roles of local boards of education and local school superintendents; to provide for requirements for the model code of ethics for local boards of education to be promulgated by the State Board of Education; to provide for public complaints alleging ethics code violations by members of local boards of education; to provide for required and prohibited topics in training programs for local board of education members; to provide for a sanction for noncompliance; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 3, relating to local boards of education, by revising Code Section 20-2-61, relating to fundamental roles of local boards of education and local school superintendents, as follows:

"20-2-61.

(a) The fundamental role of a local board of education shall be to establish policy for the local school system with the focus on student achievement. The fundamental role of a local school superintendent shall be to implement the policy established by the local board. It shall not be the role of the local board of education or individual members of such board to micromanage the superintendent in executing his or her duties, but it shall be the duty of the local board to hold the local school superintendent accountable in the performance of his or her duties; provided, however, that requesting and reviewing financial data and documents shall not constitute micromanaging. No individual member of a local board shall discuss any individual personnel matter with the local school superintendent or other school personnel except as provided for in Code Section 20-2-943, Code Section 20-2-989.7, Code Section 20-2-989.8, Code Section 20-2-1160, Code Section 50-14-3, or Code Section 50-14-4 or as otherwise authorized by law; provided, however, that the mere referral of a personnel matter to the local school superintendent shall not be prohibited. Local board of education members should work together with the entire local board of education and shall not have authority as independent elected officials but shall only be authorized to take official action as members of the board as a whole. Nothing in this subsection shall be construed to alter, limit, expand, or enlarge any powers, duties, or responsibilities of local boards of education, local board members, or local school superintendents.

(b) Except as may be allowed by law, no local board of education shall delegate or attempt to delegate its policy-making functions."

SECTION 2.

Said chapter is further amended in said article by revising Code Section 20-2-72, relating to code of ethics for local board of education members, as follows:

"20-2-72.

(a) The State Board of Education shall adopt a model code of ethics for members of local boards of education by October 1, 2010 2025. Such model code of ethics shall be consistent with and shall not alter the fundamental roles of local boards of education and local school superintendents as provided for in Code Section 20-2-61, and nothing in such model code of ethics shall alter, limit, expand, or enlarge any powers, duties, or responsibilities of local boards of education, local board members, or local school superintendents. Such model code of ethics shall also provide for individuals who are 18 years of age or older and who reside within the local school system to file a complaint with the Professional Standards Commission alleging a violation of the code of ethics by one or more members of the local board of education. Such model code of ethics shall include appropriate consequences for violation of a provision or provisions of such code. The State Board of Education may periodically adopt revisions to such model code as it deems necessary.

(b) Within three months of adoption by the State Board of Education of a model code of ethics pursuant to subsection (a) of this Code section, each local board of education shall adopt a code of ethics that includes, at a minimum, such model code of ethics. Each local board of education shall incorporate into its code of ethics any revisions adopted by the State Board of Education to the model code of ethics pursuant to subsection (a) of this Code section within three months of adoption of such revisions."

SECTION 3.

Said chapter is further amended in Part 7 of Article 6, relating to staff development under the "Quality Basic Education Act," by revising Code Section 20-2-230, relating to programs, as follows:

"20-2-230.

(a) All public school officials and professional personnel certificated by the Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local boards of education and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective performance evaluations.

(b)(1) By October 1, 2025, the The State Board of Education shall adopt a training program for members of local boards of education that complies with the provisions of subsection (b.1) of this Code section by July 1, 2011. The State Board of Education may periodically adopt revisions to such training program as it deems necessary.

(2) Within three months of adoption by the State Board of Education of a training program pursuant to paragraph (1) of this subsection, each local board of education shall adopt a training program for members of such boards that includes, at a minimum, such training program and requirements established by the State Board of Education pursuant to paragraph (1) of this subsection. Each local board of education shall incorporate any revisions adopted by the State Board of Education to the training program pursuant to paragraph (1) of this subsection within three months of adoption of such revisions.

(3) All local boards of education are authorized to pay such board members for attendance at a required training program the same per diem as authorized by local or general law for attendance at regular meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such training, either before or after such board members assume office.

(4) Except as provided in subsections (c) and (d) of this Code section, members of local boards of education shall not be required to participate in the training program for members of local boards of education provided for in this subsection. (b.1)(1) The training program for members of local boards of education required by subsections (c) and (d) of this Code section shall include, but shall not be limited to, the following topics:

(A) The authority of the local board of education rests with the board as a whole and not with individual board members;

(B) The duty of local boards of education to establish policy for the local school system with the focus on student achievement;

(C) Code of ethics for local board of education members and conflicts of interest;

(D) Strategic planning and operational and financial management;

(E) The constitutional and statutory authority for local boards of education to set the local school tax rate for the support and maintenance of education and to impose, levy, and collect a sales and use tax for educational purposes;

(F) The duty of local boards of education to propose and approve an annual operating budget;

(G) Funding sources, reserve funds, and capital accumulation funds;

(H) Facilities planning and capital outlay programs;

(I) Accreditation;

(J) Flexibility models: strategic waivers school systems and charter systems;

(K) Local board of education and community relations;

(L) Board meetings: parliamentary procedure, the role of board chairs, professionalism and decorum, conflict resolution and the value of courteous dissent, and public participation and stakeholder engagement;

(M) Roles, responsibilities, and relations of and between local boards of education and local school superintendents;

(N) Employment and evaluation of the local school superintendent;

(O) Compliance with federal, state, and local laws, including, but not limited to, laws, rules, and regulations relating to:

(i) Students with disabilities;

(ii) Student codes of conduct and student discipline; and

(iii) The rights of students' parents and guardians; and

(P) Compliance with the Georgia open meetings and open records laws. (2)(A) The training program for members of local boards of education required by this Code section shall not include any of the following statements, recommendations, or suggestions:

(i) That local boards of education are encouraged, expected, or required to act unanimously;

(ii) That local boards of education are not authorized to request information from local school system administrators;

(iii) That local boards of education shall defer to the local school superintendent on budget and tax matters;

(iv) That local boards of education or members or employees thereof should lobby the General Assembly on any specific topic; or

(v) That are for or against current, pending, past, or future legislation affecting public schools or local school systems.

(B) Any provider of the training program for members of local boards of education required by this Code section, other than the Department of Education or the Department of Audits and Accounts, that is found by the State Board of Education to have failed to comply with the provisions of subparagraph (A) of this paragraph shall not be eligible to be an approved provider of such training services to local boards of education for a period of three years from the date of such finding by the State Board of Education.

(c) The State Board of Education shall require each newly elected member of a local board of education to receive guidance and training regarding his or her own local school system's most recent audit findings and the risk status of the local school system as determined by the Department of Audits and Accounts or the Department of Education. Such training for newly elected board members shall also include training on the role of the respective roles of the local board of education and the local school superintendent with respect to financial management and financial governance of a local school system. Such training shall also include the training program for members of local boards of education provided for in subsections (b) and (b.1) of this Code section.

(d) The State Board of Education shall require members of local boards of education to complete the training required under this Code section with either the Department of Education or the Department of Audits and Accounts if the local board of education has been designated by the Department of Audits and Accounts as a high-risk local school system pursuant to Code Section 20-2-67 or if the Department of Audits and Accounts has determined that corrective actions have not been implemented or devised to correct serious findings in the local school system's Department of Audits and Accounts audit report from the previous year."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.